No Law Shields Election Commissioners? Supreme Court Seeks Centre’s Response on Lifetime Immunity Issue

New Delhi: The Supreme Court of India has issued notices to the Central Government and the Election Commission, seeking a response on a petition challenging the validity of a law that grants lifetime immunity to the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) from civil and criminal action for acts performed while in office.

Supreme Court Bench Seeks Examination

Hearing the petition, a bench led by Chief Justice Suryakant remarked, “We would like to examine this matter closely and are issuing notice.” The petition challenges a specific provision in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Tenure) Bill, 2023, which purportedly protects the CEC and ECs from legal accountability for official actions.

Allegations in the Petition

The petition alleges that the law provides unprecedented protection to election officials, shielding them from civil and criminal proceedings for their official duties during their tenure.

The petitioner’s lawyer argued, “This bill cannot grant lifetime powers to the CEC and ECs—powers that even the Constitution framers did not provide to judges. Parliament cannot confer immunity that has been denied to other eminent constitutional functionaries.”

The Supreme Court’s notice signals judicial scrutiny over the balance between the independence of election officials and accountability under the law, a matter of significant constitutional and public importance.